m-22.1 - Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire

Updated to 21 April 2015

This document has official status.

chapter M-22.1

Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire

The Ministère des Affaires municipales, des Régions et de l’Occupation du territoire is designated under the name of Ministère des Affaires municipales et de l’Occupation du territoire. Order in Council 368-2014 dated 24 April 2014, (2014) 146 G.O. 2 (French), 1876.

1999, c. 43, s. 1; 2003, c. 19, s. 204; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

DIVISION I ORGANIZATION OF THE DEPARTMENT

1. The Ministère des Affaires municipales, des Régions et de l’Occupation du territoire is under the direction of the Minister of Municipal Affairs, Regions and Land Occupancy appointed under the Executive Power Act (chapter E-18).

1984, c. 40, s. 1; 1999, c. 43, s. 2; 2003, c. 19, s. 205; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

The Minister Responsible for Housing exercises the functions and responsibilities of the Minister of Municipal Affairs, Regions and Land Occupancy, as responsible for housing, under this Act. Order in Council 1801-2022 dated 14 December 2022, (2023) 155 G.O. 2 (French), 59.

2. The Government, in accordance with the Public Service Act (chapter F-3.1.1), shall appoint a person as Deputy Minister of Municipal Affairs, Regions and Land Occupancy.

1984, c. 40, s. 2; 1999, c. 43, s. 3; 2003, c. 19, s. 206; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

3. Under the direction of the Minister, the Deputy Minister shall administer the department.

He shall, in addition, perform any other duty assigned to him by the Government or the Minister.

1984, c. 40, s. 3.

4. In the discharge of his duties, the Deputy Minister has the authority of the Minister.

1984, c. 40, s. 4.

5. The Deputy Minister may in writing and to the extent he indicates delegate the exercise of powers vested in him by this Act to a public servant or the holder of a position.

In the deed of delegation, the Deputy Minister may authorize the subdelegation of the powers he indicates; in such a case, he shall identify the holder of a position or the public servant to whom the power may be subdelegated.

1984, c. 40, s. 5.

6. The staff of the department consists of the public servants required for the discharge of the Minister’s duties; they are appointed in accordance with the Public Service Act (chapter F-3.1.1).

The Minister shall determine the duties of the public servants where they are not determined by law or by the Government.

1984, c. 40, s. 6; 2000, c. 8, s. 242.

DIVISION II RESPONSIBILITIES OF THE MINISTER

1999, c. 43, s. 4.

§ 1 . — Municipal affairs

1999, c. 43, s. 5.

7. The Minister shall see to the good administration of the municipal system in the interest of the municipalities and their citizens.

The Minister shall, in particular,

(1)  see to the organization and maintenance of municipal institutions where justified by the population;

(2)  promote the exercise of democratic procedure in municipalities, particularly by fostering participation in municipal institutions;

(3)  ascertain that the municipal administration is providing sound management of public moneys and is seeing to the welfare of persons within the limits of its jurisdiction;

(4)  supervise the administration and enforcement of the Acts respecting the municipal system;

(5)  assist and support the municipalities in the discharge of their duties;

(6)  advise the Government, other departments and public bodies, and, as the need arises, make recommendations to them on any matter regarding their activities where these affect municipal affairs;

(7)  (subparagraph repealed);

(8)  conduct or commission research, surveys or analyses in municipal affairs.

1984, c. 40, s. 7; 1988, c. 46, s. 2; 1999, c. 40, s. 186.

7.0.1. As Minister responsible for housing, the functions and powers of the Minister shall particularly consist in

(1)  carrying out or causing to be carried out research, studies, inquiries or inventories on the housing needs and housing conditions of the population;

(2)  establishing, in co-operation with the departments, governmental or municipal bodies, groups or individuals concerned, the needs, priorities and goals for all housing sectors in Québec;

(3)  promoting the improvement of housing conditions and citizens’ access to home ownership by any means he may deem proper, including the establishment of financial assistance programs for housing;

(4)  fostering the development and implementation of programs for the construction, acquisition, fitting up, restoration and administration of housing;

(5)  stimulating the development and coordination of public and private initiatives in the field of housing.

1994, c. 12, s. 47.

7.1. (Repealed).

1994, c. 17, s. 56; 2003, c. 19, s. 207; 2005, c. 28, s. 120.

8. (Repealed).

1984, c. 40, s. 8; 1999, c. 43, s. 6.

9. (Repealed).

1984, c. 40, s. 9; 1999, c. 43, s. 6.

10. (Repealed).

1984, c. 40, s. 10; 1999, c. 43, s. 6.

11. Where the Minister is empowered under a legislative provision to approve, authorize or disallow a regulation, a resolution or any other act, he may, before making his decision, seek the advice of the Commission municipale du Québec.

1984, c. 40, s. 11.

12. The Minister may give advice or make recommendations to the council of a municipal body on any aspect of the administration of the body.

1984, c. 40, s. 12; 2010, c. 1, s. 45.

13. Any advice or recommendation referred to in section 12 shall be sent to the most senior officer and to the secretary of the municipal body by registered or certified mail. The most senior officer and the secretary shall refer any advice or recommendation received to the council at its next regular sitting. If the advice or recommendation is sent to a municipal body other than a local municipality, the Minister shall send a copy to any local municipality with ties to the municipal body.

If the Minister so orders in the letter sent by registered or certified mail, the secretary shall publish the letter or, as applicable, a summary provided by the Minister, in the manner prescribed for the publication of the public notices of the municipal body or, if no publication rules exist, in the manner prescribed by the Minister.

For the purposes of this section,

“most senior officer” means, in the case of a local municipality, a regional county municipality or a metropolitan community and any other municipal body, the mayor, warden, or chair, respectively;

“secretary” means

(1)  in the case of a local municipality or a regional county municipality, the secretary-treasurer or the clerk; or

(2)  in the case of a metropolitan community or any other municipal body, the secretary.

1984, c. 40, s. 13; 2010, c. 1, s. 46.

14. The Minister may, following a verification under section 15 or an investigation under section 16 or under subsection 1 of section 22 of the Act respecting the Commission municipale (chapter C-35), give instructions to the council of the municipal body that was the object of the verification or investigation. The council shall comply with the instructions and take the measures prescribed by the Minister.

Section 13 applies, adapted as required, to the Minister’s instructions.

1984, c. 40, s. 14; 2009, c. 26, s. 72; 2010, c. 1, s. 47.

14.1. The Minister shall post any advice, recommendation or instruction given under section 12 or 14 on the department’s website.

2010, c. 1, s. 48.

15. A person designated in writing by the Minister to conduct a verification may, in order to ascertain that the Acts under the responsibility of the Minister are being properly enforced,

(1)  enter the office of a municipal body at any reasonable time;

(2)  examine and make a copy of any document relating to the affairs of the municipal body; and

(3)  require from any public servant, employee or member of the council of the municipal body, any information or document relating to the application of the Acts under the responsibility of the Minister.

A person having custody, possession or control of such documents must, on request, make them available to the person designated by the Minister.

The designation contemplated in the first paragraph may be in respect of all municipal bodies or envisage only one or a certain group of them. It may be valid for a specified period or until revoked.

A designated person who conducts a verification shall make a report to the Minister.

1984, c. 40, s. 15; 1986, c. 95, s. 188; 2010, c. 1, s. 49.

16. Where justified in the public interest, the Minister may, in writing, require a person to investigate the conduct of an officer or employee of a municipal body.

1984, c. 40, s. 16; 2010, c. 1, s. 50.

16.1. Despite any general law or special Act, persons designated under section 15 or 16 may not be compelled to give testimony relating to information obtained in the performance of their duties or to produce a document containing such information.

Such persons may not be prosecuted by reason of an act they have done or failed to do in good faith in the performance of their duties.

Except on a question of jurisdiction, no recourse under article 33 of the Code of Civil Procedure (chapter C-25) or extraordinary recourse within the meaning of that Code may be exercised nor an injunction granted against persons designated under section 15 or 16, if acting in their official capacity.

A judge of the Court of Appeal may, on a motion, summarily annul any proceeding instituted or decision rendered contrary to the first paragraph.

2010, c. 1, s. 51.

17. A person designated in accordance with section 15 or section 16 shall, at the request of a member of the council or of an officer or employee of the visited municipal body, identify himself and produce proof of his designation.

1984, c. 40, s. 17; 1986, c. 95, s. 189; 2010, c. 1, s. 52.

17.0.1. For the purposes of sections 12 to 17, “municipal body” means a legal person described in section 107.7 of the Cities and Towns Act (chapter C-19) or a municipal body within the meaning of section 5 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) or section 307 of the Act respecting elections and referendums in municipalities (chapter E-2.2).

2010, c. 1, s. 53.

§ 2 . — Greater Montréal

1999, c. 43, s. 7.

17.1. The mission of the Minister shall be to promote and support the economic, cultural and social development of Greater Montréal, to oversee the interdepartmental coordination of government activities that concern Greater Montréal and to ensure its continued advancement, dynamism and influence.

The Minister’s action, undertaken in consultation with the ministers concerned, shall focus in particular on the promotion of economic development and tourism, land use and development and the organization of transportation and transportation systems in Greater Montréal.

By such action, the Minister shall promote, within the framework of government guidelines and policies, job creation in the territory of Greater Montréal.

The responsibilities of the Minister as regards Greater Montréal shall be exercised in respect of the territory described in Schedule A. The Government shall amend the schedule as required so that the territory it describes continues to correspond to the metropolitan census area.

1999, c. 43, s. 7; 2006, c. 8, s. 18.

17.2. The Minister shall act as a catalyst and consensus-maker for the promotion of the interests of Greater Montréal, by facilitating dialogue between

(1)   the State and the private sector, so that their interventions may complement each other;

(2)  private partners, so that their participation in the development of Greater Montréal may intensify and be effected harmoniously;

(3)  the Gouvernement du Québec, the Communauté métropolitaine de Montréal and the municipalities, so as to foster a unified line of action;

(4)  the Gouvernement du Québec and the Government of Canada.

In addition, the Minister shall seek to increase the convergence and effectiveness of the actions taken by local and regional authorities within Greater Montréal. The Minister shall, in collaboration with such authorities, develop mechanisms to simplify the decision-making process for decisions involving the whole of the metropolitan area.

1999, c. 43, s. 7; 2000, c. 56, s. 166.

17.3. The Minister is, by virtue of the office of Minister, the adviser of the Government in all matters relating to Greater Montréal. The Minister shall provide the ministers of the various government departments with such advice as the Minister considers appropriate to promote the interests of Greater Montréal, and shall coordinate and ensure the coherence of government activities involving the whole of the metropolitan area. In the Minister’s capacity as adviser of the Government,

(1)  the Minister shall participate in the preparation of departmental measures and decisions having a significant impact on Greater Montréal ;

(2)  the Minister’s opinion must be sought for any measure having a significant impact on Greater Montréal, before it is submitted to the Conseil du trésor or the Government for a decision.

1999, c. 43, s. 7.

17.4. The Minister shall draw up guidelines and policies designed to further the development of Greater Montréal, propose them to the Government, and supervise their implementation.

More specifically, the Minister

(1)  may, together with the government departments and bodies concerned, agree on cooperative arrangements to facilitate the development and implementation of the guidelines and policies ;

(2)  shall provide financial support, on the conditions determined by the Minister, for actions undertaken to develop and promote Greater Montréal ;

(3)  shall provide the services the Minister considers necessary to any person, association, partnership or body ;

(4)  may conduct or commission research, inventories, studies and surveys, and make them public.

1999, c. 43, s. 7.

17.5. The Minister and the Communauté métropolitaine de Montréal or the municipalities whose territories form part of Greater Montréal may enter into agreements. Such agreements may depart from the provisions of the Municipal Aid Prohibition Act (chapter I‐15).

1999, c. 43, s. 7; 2000, c. 56, s. 167.

§ 2.1 . — Regions

2006, c. 8, s. 19.

17.5.1. The mission of the Minister is to support regional development, particularly by fostering coordinated and concerted action between the various stakeholders in that development, with a view to enabling local and regional communities to take responsibility for regional development in partnership with the State.

2006, c. 8, s. 19.

17.5.2. The Minister shall develop policies with a view to encouraging local and regional development, and propose them to the Government.

The Minister shall coordinate the implementation of those policies and follow them up in coordination with any government departments and bodies concerned.

2006, c. 8, s. 19.

17.5.3. The functions and powers of the Minister are, more particularly,

(1)  to increase the effectiveness of initiatives aimed at stimulating local and regional development by promoting the harmonization, simplification and accessibility of support services for local and regional development;

(2)  to ensure that government action to support local and regional development is coherent and concordant by taking part in the development of related measures and ministerial decisions and giving an opinion whenever appropriate;

(3)  to frame, coordinate and implement, in collaboration with any other government department concerned, regional development strategies and assistance programs, particularly for municipalities or territories with specific problems;

(4)  to be responsible, in conjunction with recognized local and regional authorities, for the funds made available to such authorities and administer the other sums entrusted to the Minister for the carrying out of local or regional development projects;

(5)  to provide financial and technical support for action promoting local and regional development, subject to the conditions determined by the Minister under government guidelines and policies; and

(6)  to facilitate the development and signing of agreements, particularly between regional conferences of elected officers and government departments and bodies.

2006, c. 8, s. 19; 2015, c. 8, s. 235.

§ 2.2 . —

Repealed, 2013, c. 22, s. 13.

2012, c. 21, s. 19; 2013, c. 22, s. 13.

17.5.4. (Repealed).

2012, c. 21, s. 19; 2013, c. 22, s. 13.

§ 3 . — General powers

1999, c. 43, s. 7.

17.6. The Minister shall draw up and propose policies to the Government that concern the activities of the department. The Minister shall direct and coordinate the implementation of such policies.

1999, c. 43, s. 7.

17.6.1. The Minister may, after consultation with the bodies representing municipalities including the Union des municipalités du Québec and the Fédération québécoise des municipalités locales et régionales (FQM), establish management indicators that relate to the administration of municipal bodies and prescribe the conditions and procedures for the implementation of the indicators in municipal bodies.

The Minister may, for that purpose, classify municipal bodies into categories and establish management indicators or conditions and procedures of implementation that may vary according to the categories of municipal bodies.

The Minister may also prescribe the manner in which municipal bodies are to provide citizens with the information determined by the Minister regarding the results measured using the management indicators.

The Minister may exempt any municipal body from the application of management indicators for any period the Minister determines.

For the purposes of this section, “municipal bodies” means the bodies referred to in section 5 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A‐2.1).

2002, c. 37, s. 241; 2003, c. 19, s. 208.

17.7. The Minister may, in the exercise of the Minister’s responsibilities,

(1)  obtain from the government departments and from government or municipal bodies any available information necessary for the performance of the Minister’s functions ;

(2)  enter into an agreement according to law with any government other than that of Québec, any Minister of such a government, any international organization or any agency of such a government or organization.

The Minister may also enter into an agreement with any person, association, partnership or body concerning any matter under the jurisdiction of the Minister.

1999, c. 43, s. 7.

17.8. The Minister shall table a report on the activities of the department for each fiscal year in the National Assembly within six months of the end of the fiscal year or, if the Assembly is not sitting, within 30 days of resumption. The report must take into account the activity reports forwarded to the Minister under section 21.13.

Where in the fiscal year for which the report is tabled, the Minister exercised the power granted to the Minister by any of sections 573.3.1 of the Cities and Towns Act (chapter C-19), article 938.1 of the Municipal Code of Québec (chapter C-27.1), section 113 of the Act respecting the Communauté métropolitaine de Montréal (chapter C-37.01), section 106 of the Act respecting the Communauté métropolitaine de Québec (chapter C-37.02) and section 103 of the Act respecting public transit authorities (chapter S-30.01), the report must in particular indicate in respect of which body referred to in those provisions the power was exercised, the object of the contract for which it was exercised and the grounds justifying the exercising of the power.

The report must also include the number of requests made to the Minister under section 20 of the Municipal Ethics and Good Conduct Act (chapter E-15.1.0.1), the number for which the preliminary examination was not completed by the Minister within the time specified in the third paragraph of that section and the number that were dismissed by the Minister under section 21 of that Act.

1999, c. 43, s. 7; 2002, c. 37, s. 242; 2006, c. 8, s. 20; 2010, c. 27, s. 44; 2015, c. 8, s. 236.

DIVISION III DEPARTMENTAL DOCUMENTS

18. Any document bearing the signature of the Minister or the Deputy Minister is binding on the Minister.

The signature of a document by a public servant is not binding on the Minister and is attributable to the Minister only in the cases determined by regulation of the Government published in the Gazette officielle du Québec.

1984, c. 40, s. 18.

19. The Government, by regulation published in the Gazette officielle du Québec, may, on the conditions it determines, allow a signature to be affixed by means of an automatic device to the documents it determines.

The Government may also allow a facsimile of the signature to be engraved, lithographed or printed on the documents it determines. The facsimile must be countersigned by a person authorized by the Minister.

1984, c. 40, s. 19.

20. Any copy of a document forming part of the records of the department, certified by the Minister, the Deputy Minister or a person designated in writing by the Minister, is authentic.

1984, c. 40, s. 20.

DIVISION IV

Repealed, 2012, c. 11, s. 28.

2012, c. 11, s. 28.

21. (Repealed).

1984, c. 40, s. 21; 1994, c. 40, s. 457; 2012, c. 11, s. 28.

DIVISION IV.1 TABLE QUÉBEC-MUNICIPALITÉS

1998, c. 31, s. 100.

21.1. The Table Québec-Municipalités shall advise the Minister on any question submitted to it by the Minister.

1998, c. 31, s. 100.

21.2. The Minister shall determine the composition of the Table Québec-Municipalités.

1998, c. 31, s. 100.

DIVISION IV.2 TABLE QUÉBEC-RÉGIONS

2006, c. 8, s. 21.

21.3. The Table Québec-régions shall advise the Minister on any matter submitted to it by the Minister.

2006, c. 8, s. 21.

21.4. The Minister shall determine the composition of the Table Québec-régions.

2006, c. 8, s. 21.

DIVISION IV.2.1 TABLE QUÉBEC-MONTRÉAL MÉTROPOLITAIN POUR L’AMÉNAGEMENT ET LE DÉVELOPPEMENT

2012, c. 5, s. 18.

21.4.1. The mandate of the Table Québec-Montréal métropolitain pour l’aménagement et le développement is to foster a concerted approach with a view to ensuring the efficiency of government action toward the sustainable development of the metropolitan region of Montréal.

2012, c. 5, s. 18.

21.4.2. The Table Québec-Montréal métropolitain pour l’aménagement et le développement is composed of the Minister, who is the chair, the ministers responsible for the administrative regions situated in whole or in part in the metropolitan region of Montréal, the mayor of Ville de Montréal, the mayor of Ville de Laval, the mayor of Ville de Longueuil and the two mayors designated to sit on the executive committee of the Communauté métropolitaine de Montréal under subparagraphs 5 and 6 of the second paragraph of section 34 of the Act respecting the Communauté métropolitaine de Montréal (chapter C-37.01).

The Minister invites any other minister as well as any officer of a government agency to which the Auditor General Act (chapter V-5.01) applies to participate in the proceedings of the Table when the matters dealt with concern them directly.

2012, c. 5, s. 18; 2013, c. 16, s. 113.

DIVISION IV.2.2 TABLE QUÉBEC-QUÉBEC MÉTROPOLITAIN POUR L’AMÉNAGEMENT ET LE DÉVELOPPEMENT

2012, c. 5, s. 18.

21.4.3. The mandate of the Table Québec-Québec métropolitain pour l’aménagement et le développement is to foster a concerted approach with a view to ensuring the efficiency of government action toward the sustainable development of the metropolitan region of Québec.

2012, c. 5, s. 18.

21.4.4. The Table Québec-Québec métropolitain pour l’aménagement et le développement is composed of the Minister, who is the chair, the ministers responsible for the administrative regions of the Capitale-Nationale and Chaudière-Appalaches, the chair of the Communauté métropolitaine de Québec, the mayor of Ville de Lévis and the wardens of the regional county municipalities of La Jacques-Cartier, La Côte-de-Beaupré and L’Île-d’Orléans.

The Minister invites any other minister as well as any officer of a government agency to which the Auditor General Act (chapter V-5.01) applies to participate in the proceedings of the Table when the matters dealt with concern them directly.

2012, c. 5, s. 18; 2013, c. 16, s. 114.

DIVISION IV.2.3 TABLE GOUVERNEMENTALE AUX AFFAIRES TERRITORIALES

2012, c. 5, s. 18.

21.4.5. The mandate of the Table gouvernementale aux affaires territoriales is to foster a concerted approach and coherence of action between the government departments and agencies to which the Auditor General Act (chapter V-5.01) applies, particularly in matters relating to the occupancy and vitality of territories.

2012, c. 5, s. 18; 2013, c. 16, s. 115.

21.4.6. The Table gouvernementale aux affaires territoriales is chaired by the assistant deputy minister or associate deputy minister responsible for the occupancy and vitality of territories at the department. It is composed of the following persons:

(1)  the assistant deputy minister or associate deputy minister responsible for Greater Montréal at the department;

(2)  an assistant deputy minister or associate deputy minister of each department that is subject to the Act to ensure the occupancy and vitality of territories (chapter O-1.3); and

(3)  an officer of each government agency that is subject to that Act.

The chair of the Table may solicit the participation, on an ad hoc or permanent basis, of chairs of the regional administrative conferences, deputy ministers, assistant deputy ministers or associate deputy ministers of other government departments or officers of other agencies whose actions could have an impact on the occupancy and vitality of territories.

2012, c. 5, s. 18; 2013, c. 16, s. 116.

DIVISION IV.2.4 REGIONAL ADMINISTRATIVE CONFERENCES

2012, c. 5, s. 18.

21.4.7. A “regional administrative conference” is established for each administrative region of Québec.

2012, c. 5, s. 18.

21.4.8. The mandate of each regional administrative conference is to foster a concerted approach and coherence of action at the regional level between the government departments and agencies to which the Auditor General Act (chapter V-5.01) applies, particularly in matters relating to the occupancy and vitality of territories.

2012, c. 5, s. 18; 2013, c. 16, s. 117.

21.4.9. Each regional administrative conference is chaired by the regional director of the department responsible for the region. However, the Montréal and Laval conferences are chaired by the assistant deputy minister or associate deputy minister responsible for Greater Montréal at the department, or a designated representative, and the conference for the Capitale-Nationale region is chaired by the assistant deputy minister or associate deputy minister responsible for the Bureau de la Capitale-Nationale or a designated representative.

2012, c. 5, s. 18.

21.4.10. Each regional administrative conference is composed of a person who is responsible for the region, or a designated representative, from each government department and agency that is subject to the Act to ensure the occupancy and vitality of territories (chapter O-1.3).

The chair of each regional administrative conference invites, if applicable, the director general or general manager of any responsible body referred to in section 21.5 to participate in conference meetings when the matters dealt with concern the regional conference directly. The representatives of any other body whose actions have an effect on the occupancy and vitality of territories in the region may also be invited to participate in these meetings.

2012, c. 5, s. 18; 2013, c. 16, s. 118; 2015, c. 8, s. 237.

21.4.11. The Government specifies the responsibilities and the mode of operation of the regional administrative conferences.

2012, c. 5, s. 18.

DIVISION IV.3 REGIONAL DEVELOPMENT IN THE NORD-DU-QUÉBEC REGION

2006, c. 8, s. 21; 2015, c. 8, s. 238.

§ 1 . — General provisions

2010, c. 3, s. 307.

21.5. The mandate and duties of a body responsible for acting in regional development matters in the Nord-du-Québec administrative region are exercised, to the extent and in the manner prescribed in this division, by

(1)  the James Bay Regional Administration, acting, subject to subparagraph 2, on behalf of the persons, other than the Crees, who reside in the territory of the Eeyou Istchee James Bay Regional Government and the territory of Ville de Chapais, Ville de Chibougamau, Ville de Lebel-sur-Quévillon and Ville de Matagami;

(2)  the Eeyou Istchee James Bay Regional Government, acting for its territory and, for the purposes of sections 21.17.1 to 21.17.3, for the territory of Ville de Chapais, Ville de Chibougamau, Ville de Lebel-sur-Quévillon and Ville de Matagami;

(3)  the Cree Nation Government, acting for the Crees and with respect to Category I lands and Category II lands; and

(4)  the Kativik Regional Government, acting for its community.

For the purposes of this division, “Category I” lands and “Category II lands” are those defined in section 1 of the Act establishing the Eeyou Istchee James Bay Regional Government (chapter G-1.04).

The James Bay Regional Administration is a legal person.

In this division, “responsible body”, used alone, means any of the bodies listed in the first paragraph as responsible bodies as regards development in the Nord-du-Québec region.

2006, c. 8, s. 21; 2013, c. 19, s. 62; 2015, c. 8, s. 239.

21.6. Each responsible body is the primary interlocutor of the Government for the territory or community it represents as regards regional development in the Nord-du-Québec region.

The Minister shall enter into an agreement with each responsible body that sets out the conditions the body undertakes to fulfill and the role and responsibilities of each of the parties.

2006, c. 8, s. 21; 2015, c. 8, s. 239.

21.7. The mandate of a responsible body consists primarily in evaluating local and regional planning and development bodies funded in whole or in part by the Government, promoting concerted action among partners in the region and, where warranted, giving advice to the Minister on regional development matters.

The responsible body shall establish a five-year development plan that identifies general and specific development objectives for the region in keeping with sustainable development and taking foremost account of young people’s participation and, in accordance with the principles of equality and parity, women’s participation, in the democratic life of the region.

The responsible body may enter into specific agreements with government departments or bodies and, where warranted, other partners, to exercise its powers and responsibilities, particularly in order to implement regional priorities and to adapt government activities to regional characteristics. A specific agreement entered into with a municipality or a mandatary of a municipality may depart from the Municipal Aid Prohibition Act (chapter I-15).

The responsible body shall carry out any other mandate received from the Minister.

2006, c. 8, s. 21; 2006, c. 60, s. 100; 2007, c. 3, s. 72; 2015, c. 8, s. 240.

21.7.1. In addition to the considerations mentioned in the second paragraph of section 21.7, the Eeyou Istchee James Bay Regional Government, acting under subparagraph 2 of the first paragraph of section 21.5, takes into account the policy directions, principles and objectives that it determines in consultation with the Cree communities, Ville de Chapais, Ville de Chibougamau, Ville de Lebel-sur-Quévillon and Ville de Matagami and with the approval of the Gouvernement du Québec.

In addition to the considerations mentioned in the second paragraph of section 21.7, the Cree Nation Government, acting under subparagraph 3 of the first paragraph of section 21.5, takes into account

(1)  the policy directions, principles and objectives it determines in consultation with the Cree communities and with the approval of the Gouvernement du Québec;

(2)  the special vocation, under the Agreement, of the Category II lands for the Cree referred to in the Act approving the Agreement concerning James Bay and Northern Québec (chapter C-67); and

(3)  the status of the Category II lands as lands in the domain of the State, in accordance with the Agreement, concerning, in particular, public access to lands in the domain of the State and free circulation, having due regard to Cree harvesting rights and the use and occupancy of Category II lands.

2013, c. 19, s. 63; 2015, c. 8, s. 241.

21.8. The board of directors of the James Bay Regional Administration is composed of the following persons:

(1)  the mayors of Ville de Chapais, Ville de Chibougamau, Ville de Lebel-sur-Quévillon and Ville de Matagami and four persons that the council of each of those cities designates from among its members;

(2)  the chairs of the local councils of each of the localities of Radisson, Valcanton and Villebois.

On the request of the James Bay Regional Administration, the Government may, by order, allow the regional conference to appoint to its board of directors one or more additional representatives of a local municipality, chosen by the council of the local municipality from among its members.

2006, c. 8, s. 21; 2013, c. 19, s. 64; 2015, c. 8, s. 242.

21.8.1. Any decision of the James Bay Regional Administration concerning any agreement, contract or other instrument from which is derived the existence of the fund constituted from the sums paid by Hydro-Québec and formerly described as the “Fonds de développement régional” in the annual financial report of Municipalité de Baie-James and any decision concerning the management of this fund requires the affirmative vote of at least one of the members mentioned in subparagraph 2 of the first paragraph of section 21.8.

2013, c. 19, s. 65; 2015, c. 8, s. 243.

21.9. The James Bay Regional Administration shall appoint to its board of directors additional members whose number may not exceed one third of all members except those referred to in the first paragraph of section 21.8. The James Bay Regional Administration shall choose the additional members after consulting the bodies it considers representative of the various sectors of the community it serves, particularly those in the economic, education, cultural and scientific sectors. The Administration shall determine the term of office of the additional members.

The Member of the National Assembly for an electoral division over whose territory the James Bay Regional Administration has authority is entitled to take part in the proceedings of its board of directors but is not entitled to vote.

2006, c. 8, s. 21; 2015, c. 8, s. 244.

21.10. When an executive committee is established, its members must be chosen by and from among the members of the board of directors of the James Bay Regional Administration and the members appointed under section 21.9 may not represent more than one third of the committee.

2006, c. 8, s. 21; 2015, c. 8, s. 245.

21.11. The meetings of the board of directors of the James Bay Regional Administration are public.

2006, c. 8, s. 21; 2015, c. 8, s. 246.

21.12. A responsible body shall administer the funds entrusted to it by the Government under an agreement for the carrying out of any regional development project under the authority of the Minister who has signed the agreement.

2006, c. 8, s. 21; 2015, c. 8, s. 247.

21.12.1. Sections 477.4 to 477.6 and 573 to 573.3.4 of the Cities and Towns Act (chapter C-19) apply, with the necessary modifications, to the James Bay Regional Administration, which is deemed to be a municipal body for the purposes of any by-law under section 573.3.0.1 or 573.3.1.1 of that Act.

The following modifications are among those applicable for the purposes of the first paragraph: if the James Bay Regional Administration does not have a website, the entry and hyperlink referred to in the second paragraph of section 477.6 of the Cities and Towns Act must be posted on another website determined by the James Bay Regional Administration. The James Bay Regional Administration gives public notice of the address of the website at least once a year; the notice must be published in a newspaper in the territory represented by the James Bay Regional Administration.

2010, c. 42, s. 24; 2013, c. 19, s. 66; 2015, c. 8, s. 248.

21.13. The James Bay Regional Administration must file an annual activity report with the Minister on the date and in the manner determined by the Minister, together with its financial statements for the preceding fiscal year. Other responsible bodies must also file such a report and statements as regards the jurisdiction they exercise in relation to the development of the Nord-du-Québec region.

The report shall contain any other information required by the Minister. The financial statements shall be filed together with the auditor’s report.

However, the Cree Nation Government and the Minister may agree on specific rules concerning the frequency, date and manner of filing the annual activity report and financial statements, as well as concerning the information that may be required by the Minister under the second paragraph, in order to take into account the specific character and the institutional capacity of the Cree Nation Government.

2006, c. 8, s. 21; 2013, c. 19, s. 67; 2015, c. 8, s. 249.

21.14. The Minister shall lay the activity report of a responsible body before the National Assembly within 30 days of its receipt or, if the Assembly is not sitting, within 30 days of resumption.

2006, c. 8, s. 21; 2015, c. 8, s. 250.

21.15. (Repealed).

2006, c. 8, s. 21; 2015, c. 8, s. 251.

21.16. (Repealed).

2006, c. 8, s. 21; 2015, c. 8, s. 251.

21.17. The Kativik Regional Government, the Cree Nation Government and the Eeyou Istchee James Bay Regional Government and the James Bay Regional Administration shall establish a mechanism to harmonize the exercise of their powers and responsibilities.

2006, c. 8, s. 21; 2013, c. 19, s. 68; 2015, c. 8, s. 252.

§ 2 . — Regional land and natural resource commissions and local integrated land and resource management panels

2010, c. 3, s. 308.

21.17.1. To support its role in carrying out the responsibilities the Minister of Natural Resources and Wildlife may entrust it with under an Act or a specific agreement entered into under the third paragraph of section 21.7, a responsible body shall create, on its own initiative or at the request of the Minister of Natural Resources and Wildlife, a regional land and natural resource commission.

The responsible body shall determine the composition and operation of the commission, providing for the participation of the Native communities present in the territory it represents and a representative of the Minister of Natural Resources and Wildlife. The responsible body shall also finance the commission’s activities.

For the same purposes, the responsible body shall establish local integrated land and resource management panels and coordinate their work. It may entrust that responsibility to a regional land and natural resource commission.

The first and second paragraphs apply subject to Division VIII.1 of the Act respecting the Cree Nation Government (chapter G-1.031).

2010, c. 3, s. 308; 2013, c. 19, s. 69; 2015, c. 8, s. 253.

21.17.2. The principal mandate of a regional land and natural resource commission is to prepare a regional plan for integrated land and resource development in conformity with the policy directions of the Government and the Minister of Natural Resources and Wildlife and any policy direction drawn up by another minister concerned in the matter.

The plan determines regional policy directions, objectives and targets for the conservation and development of wildlife, the forests and the regional land area. The plan may also include regional policy directions, objectives and targets as regards energy, mines or any other subject dealt with in a specific agreement entered into under the third paragraph of section 21.7. In preparing the draft regional plan for integrated land and resource development, the regional land and natural resource commission of the Eeyou Istchee James Bay Regional Government

(1)  takes into account the policy directions, principles and objectives determined by the Regional Government in consultation with the Cree communities, Ville de Chapais, Ville de Chibougamau, Ville de Lebel-sur-Quévillon and Ville de Matagami and with the approval of the Gouvernement du Québec; and

(2)  consults the Eeyou Planning Commission established under section 79.1 of the Act respecting the Cree Nation Government (chapter G-1.031) in order to harmonize the plan, to the extent possible, with the Cree Nation Government’s regional land and resource use plan.

The plan is approved by the responsible body concerned. It is implemented under a specific agreement between the Ministère des Ressources naturelles et de la Faune, a department or body concerned and the responsible body.

The plan and the implementation agreement are made public by the responsible body.

2010, c. 3, s. 308; 2013, c. 19, s. 70; 2015, c. 8, s. 254.

21.17.3. The regional land and natural resource commission must, as part of its mandate and to promote regional consultation,

(1)  establish a regional integrated land and resource management panel and see to its operation; and

(2)  establish a public consultation process and a conflict resolution mechanism.

The regional land and natural resource commission may exercise any other function specified in an Act or in an agreement entered into under the third paragraph of section 21.7.

2010, c. 3, s. 308; 2015, c. 8, s. 255.

DIVISION IV.4 TERRITORIES DEVELOPMENT FUND

2006, c. 8, s. 21; 2015, c. 8, s. 256.

21.18. A Territories Development Fund is hereby established.

The Fund is dedicated to financing the local and regional development measures provided for in the agreements entered into under sections 21.6 and 21.7 of this Act and section 126.3 of the Municipal Powers Act (chapter C-47.1).

2006, c. 8, s. 21; 2015, c. 8, s. 257.

21.19. (Repealed).

2006, c. 8, s. 21; 2011, c. 18, s. 206.

21.20. The following are credited to the Fund:

(1)  the sums transferred to the Fund by the Minister out of the appropriations granted for that purpose by Parliament;

(2)  the sums transferred to the Fund by the Minister of Finance under sections 53 and 54 of the Financial Administration Act (chapter A-6.001);

(2.1)  the sums paid into the Fund by the Société du Plan Nord under an agreement providing for their allocation, in accordance with section 21 of the Act respecting the Société du Plan Nord (chapter S-16.011);

(3)  (paragraph repealed);

(4)  the gifts, legacies and other contributions paid into the Fund to further the attainment of the objects of the Fund.

2006, c. 8, s. 21; 2011, c. 18, s. 207; 2014, c. 16, s. 82.

21.21. (Repealed).

2006, c. 8, s. 21; 2009, c. 26, s. 109; 2011, c. 18, s. 208.

21.22. (Repealed).

2006, c. 8, s. 21; 2011, c. 18, s. 208.

21.23. (Repealed).

2006, c. 8, s. 21; 2009, c. 26, s. 109; 2011, c. 18, s. 208.

21.23.1. The Minister may, by means of an agreement setting out the role and responsibilities of each of the parties, delegate the administration of a part of the Fund to a responsible body referred to in section 21.5 or a municipality that is a party to an agreement referred to in the second paragraph of section 21.18.

The body or municipality may, if applicable, entrust that administration to its executive committee or a member of that committee or to its director general or general manager.

2006, c. 60, s. 101; 2009, c. 26, s. 109; 2015, c. 8, s. 258.

21.24. (Repealed).

2006, c. 8, s. 21; 2011, c. 18, s. 208.

21.25. Any surplus accumulated by the Fund is transferred to the general fund on the dates and to the extent determined by the Government.

2006, c. 8, s. 21; 2011, c. 18, s. 209.

21.26. (Repealed).

2006, c. 8, s. 21; 2011, c. 18, s. 210.

21.27. (Repealed).

2006, c. 8, s. 21; 2011, c. 18, s. 210.

21.28. (Repealed).

2006, c. 8, s. 21; 2011, c. 18, s. 210.

21.29. (Repealed).

2006, c. 8, s. 21; 2015, c. 8, s. 259.

DIVISION IV.5 AGREEMENT FOR THE IMPLEMENTATION OF CERTAIN POLICIES

2006, c. 8, s. 21.

21.30. The Minister may enter into any agreement with a municipality, the James Bay Regional Administration or the Cree Nation Government where such an agreement is needed to implement a local or regional development policy or measure of the Government in the territory of that municipality. The Minister must obtain the authorization of the Government to enter into an agreement with a local municipality whose territory is included in that of a regional county municipality. The authorization of the Government may emanate from the content of the policy.

“Municipality” in sections 21.31 to 21.33 also refers to the James Bay Regional Administration and the Cree Nation Government.

2006, c. 8, s. 21; 2006, c. 60, s. 102; 2013, c. 19, s. 71; 2015, c. 8, s. 260.

21.31. An agreement under section 21.30 shall specify, among other things, any responsibility that is delegated to the municipality, and determine the conditions governing the delegation.

2006, c. 8, s. 21; 2006, c. 60, s. 103.

21.32. The municipality that is party to an agreement under section 21.30 shall have the necessary powers to meet its commitments and exercise its responsibilities under the agreement for the purposes of the implementation of the policy or the measure.

The municipality may, among other things, institute any proceeding and exercise any power required to settle any dispute or disagreement resulting from the carrying out of the agreement.

2006, c. 8, s. 21; 2006, c. 60, s. 104.

21.33. The Municipal Aid Prohibition Act (chapter I-15) does not apply to assistance granted pursuant to an agreement under section 21.30.

2006, c. 8, s. 21.

21.34. The third paragraph of section 188 of the Act respecting land use planning and development (chapter A-19.1) does not apply in respect of a decision whereby the council of a regional county municipality enters into an agreement under section 21.30.

2006, c. 8, s. 21.

21.35. The council of a regional county municipality may, by by-law, for the purposes of an agreement under section 21.30 and in respect of a local municipality whose territory is not covered by the agreement or only a part of whose territory is covered by the agreement, prescribe criteria for the determination of the number of votes and the number of the population attributed to any representative of the local municipality for the purpose of decision making by the regional county municipality in relation to the carrying out of the agreement. The by-law may also establish criteria for the determination of the proportion of the local municipality’s contribution to the payment of the expenses of the regional county municipality relating to the agreement.

2006, c. 8, s. 21.

DIVISION V FINAL PROVISIONS

22. (Omitted).

1984, c. 40, s. 22.

23. (Omitted).

1984, c. 40, s. 23.

24. (Amendment integrated into c. P-23, s. 3).

1984, c. 40, s. 24.

25. (Amendment integrated into c. P-23, s. 4).

1984, c. 40, s. 25.

26. (Amendment integrated into c. P-23, s. 5).

1984, c. 40, s. 26.

27. (Amendment integrated into c. P-23, s. 6).

1984, c. 40, s. 27.

28. (Amendment integrated into c. P-23, s. 7).

1984, c. 40, s. 28.

29. (Amendment integrated into c. P-23, s. 8).

1984, c. 40, s. 29.

30. (Amendment integrated into c. P-23, s. 9).

1984, c. 40, s. 30.

31. (Amendment integrated into c. P-23, s. 10).

1984, c. 40, s. 31.

32. Any regulation or order in force on 31 December 1984 and made under a provision replaced by this Act remains in force until it is replaced or repealed, to the extent to which it is consistent with this Act.

1984, c. 40, s. 32.

33. Persons appointed under section 7 of the Act respecting the Ministère des Affaires municipales (chapter M‐22) replaced by the Act respecting the Ministère des Affaires municipales (1984, chapter 40) remain in the positions they hold on 31 December 1984 in accordance with the Public Service Act (chapter F-3.1.1).

1984, c. 40, s. 33.

34. (This section ceased to have effect on 1 January 1990).

1984, c. 40, s. 34; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

35. (Omitted).

1984, c. 40, s. 35.

36. (Repealed).

2006, c. 8, s. 22; 2015, c. 8, s. 261.

37. (Repealed).

2006, c. 8, s. 22; 2015, c. 8, s. 261.

38. The Government may determine to what extent and on which territory a Minister shall exercise the responsibilities set out in Divisions IV.2, IV.3, IV.4 and IV.5 of this Act.

2006, c. 8, s. 22.

The Minister responsible for the Capitale-Nationale Region is responsible for the carrying out of Divisions IV.4 and IV.5 of this Act as regards the Capitale-Nationale region. The Minister is also entrusted with any other provision of the Act required for the carrying out of those divisions with respect to that region. Order in Council 1665-2022 dated 20 October 2022, (2022) 154 G.O. 2 (French), 6525.

The Minister responsible for the Metropolis and the Montréal Region is responsible for the carrying out of subdivision 2 of Division II of this Act as regards the Metropolis and Montréal region. The Minister is also entrusted with any other provision of the Act required for the carrying out of this subdivision with respect to that region. Order in Council 1643-2022 dated 20 October 2022, (2022) 154 G.O. 2 (French), 6516.

SCHEDULE A

MUNICIPAL BODIES WHOSE TERRITORIES MAKE UP GREATER MONTRÉAL

(Section 17.1)

Communauté métropolitaine de Montréal, Ville de Bellefeuille, Canton de Gore, Ville de Lafontaine, Village de Lavaltrie, Municipalité de Notre-Dame-de-Bonsecours, Ville de Saint-Antoine, Paroisse de Saint-Antoine-de-Lavaltrie, Paroisse de Saint-Colomban, Ville de Saint-Jérôme, Municipalité de Saint-Placide.

1999, c. 43, s. 8; 2000, c. 56, s. 168; 2006, c. 8, s. 23.

SCHEDULE B

(Repealed)

2006, c. 8, s. 24; Order in Council 667-2007 dated 14 August 2007, (2007) 139 G.O. 2, 2439; 2015, c. 8, s. 262.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 40 of the statutes of 1984, in force on 1 March 1985, is repealed, except section 35, effective from the coming into force of chapter M-22.1 of the Revised Statutes.